SB217 H JUD AM 3-3 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
That §8-10-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §17B-3-3a of said code be amended
and reenacted; and that §50-3-2a of said code be amended and
reenacted, all to read as follows:

CHAPTER 8.

MUNICIPAL CORPORATIONS.

ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.

§8-10-2a. Payment of fines by credit cards or payment plan;
suspension of driver's license for failure to pay
motor vehicle violation fines or to appear in court.

(a) A municipal court may accept credit cards in payment of
all costs, fines, forfeitures or penalties. A municipal court may
collect a substantial portion of all costs, fines, forfeitures or
penalties at the time such amount is imposed by the court so long
as the court requires the balance to be paid within one hundred
eighty days from the date of judgment and in accordance with a
payment plan which specifies: Provided, That all costs, fines,
forfeitures or penalties imposed by the municipal court upon a
nonresident of this state by judgment entered upon a conviction
for a motor vehicle violation defined in section three-a, article
three, chapter seventeen-b of this code must be paid within eighty
days from the date of judgment. The payment plan shall specify: (1) The number of additional payments to be made; (2) the dates on
which such payments and amounts shall be made; and (3) amounts due
on such dates.
(b) If costs, fines, forfeitures or penalties imposed by the
municipal court for motor vehicle violations as describeddefined
in section three-a, article three, chapter seventeen-b of this code
are not paid within one hundred eighty days, or if a person who
committed any such violation defaults on a payment plan as
described inwithin the time limits imposed pursuant to subsection
(a) of this section, or if a person fails to appear or otherwise
respond in court when charged with a motor vehicle violation as
defined in section three-a, article three, chapter seventeen-b of
this code, the municipal court must notify the commissioner of the
division of motor vehicles of such failure to pay or failure to
appear.

(a) The division shall suspend the license of any resident of
this state or the privilege of a nonresident to drive a motor
vehicle in this state upon receiving notice from a magistrate court
or municipal court of this state, pursuant to subsection (b),
section two-a, article three, chapter fifty or subsection (b), section two-a, article ten, chapter eight of this code, that such
person has defaulted on the payment of costs, fines, forfeitures or
penalties, which were imposed on the person by the magistrate court
or municipal court by judgment entered upon conviction of any motor
vehicle violation or that such person has failed to respond or
appear in court when charged with a motor vehicle violation.
(b) The magistrate court or municipal court shall notify the
division upon a default of payment as follows:(1) For a resident of this state, after one hundred eighty
days following such convictionthe date of judgment upon the
conviction; or(2) For a nonresident of this state, after eighty days
following the date of judgment upon the conviction.or that such
person has failed to appear in court when charged with a motor
vehicle violation.(c) For the purposes of this section, section two-a, article
three, chapter fifty and section two-a, article ten, chapter eight,
"motor vehicle violation" shall be defined as any violation
designated in chapter seventeen-a, seventeen-b, seventeen-c,
seventeen-d or seventeen-e of this code, or the violation of any
municipal ordinance relating to the operation of a motor vehicle
for which the violation thereof would result in a fine or penalty:
Provided, That any parking violation or other violation for which
a citation may be issued to an unattended vehicle shall not be
considered a motor vehicle violation for the purposes of this
section, section two-a, article three, chapter fifty or section two-a, article ten, chapter eight of this code.

CHAPTER 50.

MAGISTRATE COURTS.

ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-2a. Payment by credit card or payment plan; suspension of
licenses for failure to make payments or appear or
respond; restitution; liens.

(a) A magistrate court may accept credit cards in payment of
all costs, fines, fees, forfeitures, restitution or penalties in
accordance with rules promulgated by the supreme court of appeals.
Any charges made by the credit company shall be paid by the person
responsible for paying the cost, fine, forfeiture or penalty.
(b) Unless otherwise required by law, a magistrate court may
collect a portion of any costs, fines, fees, forfeitures,
restitution or penalties at the time the amount is imposed by the
court so long as the court requires the balance to be paid in
accordance with a payment plan which specifies: (1) The number of
payments to be made; (2) the dates on which the payments are due;
and (3) the amounts due for each payment. The written agreement
represents the minimum payments and the last date those payments
may be made. The obligor or the obligor's agent may accelerate the
payment schedule at any time by paying any additional portion of
any costs, fines, fees, forfeitures, restitution or penalties.
(c) (1) If any costs, fines, fees, forfeitures, restitution or
penalties imposed by the magistrate court in a criminal case are
not paid within one hundred eighty days from the date of judgment and the expiration of any stay of execution, the magistrate court
clerk or, upon judgment rendered on appeal, the circuit clerk shall
notify the commissioner of the division of motor vehicles of the
failure to pay: Provided, That in a criminal case in which a
nonresident of this state is convicted of a motor vehicle violation
defined in section three-a, article three, chapter seventeen-b of
this code, the appropriate clerk shall notify the division of motor
vehicles of the failure to pay within eighty days from the date of
judgment and expiration of any stay of execution. Upon notice, the
division of motor vehicles shall suspend any privilege the person
defaulting on payment may have to operate a motor vehicle in this
state, including any driver's license issued to the person by the
division of motor vehicles, until all costs, fines, fees,
forfeitures, restitution or penalties are paid in full. The
suspension shall be imposed in accordance with the provisions of
section six, article three, chapter seventeen-b of this code:
Provided, That any person who has had his or her license to operate
a motor vehicle in this state suspended pursuant to this subsection
and his or her failure to pay is based upon inability to pay may,
if he or she is employed on a full or part-time basis, petition to
the circuit court for an order authorizing him or her to operate a
motor vehicle solely for employment purposes. Upon a showing
satisfactory to the court of inability to pay, employment and
compliance with other applicable motor vehicle laws, the court
shall issue an order granting relief.
(2) In addition to the provisions of subdivision (1) of this subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a hunting
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the director of the division of natural resources of the failure to
pay. Upon notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to hunt in this state, including any
hunting license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures,
restitution or penalties are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if any costs, fines, fees, forfeitures, restitution or
penalties imposed or ordered by the magistrate court for a fishing
violation described in chapter twenty of this code are not paid
within one hundred eighty days from the date of judgment and the
expiration of any stay of execution, the magistrate court clerk or,
upon a judgment rendered on appeal, the circuit clerk shall notify
the director of the division of natural resources of the failure to
pay. Upon notice, the director of the division of natural
resources shall suspend any privilege the person failing to appear
or otherwise respond may have to fish in this state, including any
fishing license issued to the person by the division of natural
resources, until all the costs, fines, fees, forfeitures, restitution or penalties are paid in full.
(d) (1) If a person charged with any criminal violation of
this code fails to appear or otherwise respond in court, the
magistrate court shall notify the commissioner of the division of
motor vehicles thereof within fifteen days of the scheduled date to
appear unless the person sooner appears or otherwise responds in
court to the satisfaction of the magistrate. Upon notice, the
division of motor vehicles shall suspend any privilege the person
failing to appear or otherwise respond may have to operate a motor
vehicle in this state, including any driver's license issued to the
person by the division of motor vehicles, until final judgment in
the case and, if a judgment of guilty, until all costs, fines,
fees, forfeitures, restitution or penalties imposed are paid in
full. The suspension shall be imposed in accordance with the
provisions of section six, article three, chapter seventeen-b of
this code.
(2) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any hunting violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the director of the
division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to hunt in this state, including any hunting license issued to the person by
the division of natural resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(3) In addition to the provisions of subdivision (1) of this
subsection, if a person charged with any fishing violation
described in chapter twenty of this code fails to appear or
otherwise respond in court, the magistrate court shall notify the
director of the division of natural resources of the failure
thereof within fifteen days of the scheduled date to appear unless
the person sooner appears or otherwise responds in court to the
satisfaction of the magistrate. Upon notice, the director of the
division of natural resources shall suspend any privilege the
person failing to appear or otherwise respond may have to fish in
this state, including any fishing license issued to the person by
the division of natural resources, until final judgment in the case
and, if a judgment of guilty, until all costs, fines, fees,
forfeitures, restitution or penalties imposed are paid in full.
(e) In every criminal case which involves a misdemeanor
violation, a magistrate may order restitution where appropriate
when rendering judgment.
(f) (1) If all costs, fines, fees, forfeitures, restitution or
penalties imposed by a magistrate court and ordered to be paid are
not paid within one hundred eighty days from the date of judgment
and the expiration of any stay of execution, the clerk of the
magistrate court shall notify the prosecuting attorney of the county of nonpayment and provide the prosecuting attorney with an
abstract of judgment. The prosecuting attorney shall file the
abstract of judgment in the office of the clerk of the county
commission in the county where the defendant was convicted and in
any county wherein the defendant resides or owns property. The
clerks of the county commissions shall record and index the
abstracts of judgment without charge or fee to the prosecuting
attorney and when so recorded, the amount stated to be owing in the
abstract shall constitute a lien against all property of the
defendant.
(2) When all the costs, fines, fees, forfeitures, restitution
or penalties described in subdivision (1) of this subsection for
which an abstract of judgment has been recorded are paid in full,
the clerk of the magistrate court shall notify the prosecuting
attorney of the county of payment and provide the prosecuting
attorney with a release of judgment, prepared in accordance with
the provisions of section one, article twelve, chapter thirty-eight
of this code, for filing and recordation pursuant to the provisions
of this subdivision. Upon receipt from the clerk, the prosecuting
attorney shall file the release of judgment in the office of the
clerk of the county commission in each county where an abstract of
the judgment was recorded. The clerks of the county commissions
shall record and index the release of judgment without charge or
fee to the prosecuting attorney.